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Workplace Harassment Dallas TX

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What is the “Cat’s Paw” Theory of Liability When it Comes to Retaliation?

Just like any community, the workplace is subject to conflict.  Places of employment can be subject to strife based on differences of opinion, unreturned romantic interest, and racial prejudices. It can be difficult for employers to tease out legitimate discrimination claims from those manufactured to sabotage a co-worker.  Employers are advised to exercise caution with employee complaints to avoid being burned by the Cat’s Paw theory of liability. What Is the Cat’s Paw Theory of Liability? The Cat’s Paw theory of liability is based on the fable in which a monkey tricks a cat into pulling chestnuts from a fire. Read more
Simon Paschal February 27, 2023 , , , , 53 0 Read more
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Texas’s New Sexual Harassment Laws- What Employers Should Know

Two employment law bills recently took effect in Texas on September 1, 2021, that expand certain protections for employees in Texas workplaces. The bills, SB 45 and HB 21, expand protections to employees specifically concerning sexual harassment in the workplace under the Texas Labor Code, allowing more employees to have eligibility to file a claim and giving employees a longer statute of limitations for these types of claims. The laws are specific to sexual harassment in the workplace and do not extend other types of employee protections in the workplace. Employers in Texas should learn more about the changes to Read more
Simon Paschal December 14, 2021 , , , , , 9549 0 Read more
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Changes Employers Need to Know Regarding Texas Sexual Harassment Law

Starting on September 1, 2021, Texas’ sexual harassment law will have some fairly significant changes.  This past summer, both the Texas state house and senate passed amendments to Section 21 of the Texas Labor Code. The most significant change is that the law will now apply to companies with one employee or more (previously the law only applied to employers with 15 or more employees). The new law now covers every employer in Texas.  The definition of employer is also expanding to include individuals who act “directly in the interests of an employer in relation to an employee.”  This means Read more
Simon Paschal August 13, 2021 , , , , , , , , 569 0 Read more
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Employee Data Privacy in the Workplace

Over the course of a year, employers collect and store a vast amount of private, personal information.  This may include dates of birth, driver’s license and social security numbers for employees and their dependents, private medical information, bank account numbers, and even biometric identifiers such as fingerprints or retina scans. Employers are then required to be custodians of this data, maintaining confidentiality while still using it for its intended purpose.  Just what are the requirements for Texas employers with regards to employee data privacy? Protecting Personal Information Various statutes in the Texas Business and Commerce Code protect employees’ personally identifiable Read more
Simon Paschal October 13, 2017 , , , 1849 0 Read more
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Religious Accommodation in the Texas Workplace

Title VII of the Civil Rights Act of 1964 protects employees (in companies with 15 employees or more) from religious discrimination and requires that employers reasonably accommodate the sincerely held religious, ethical and moral beliefs and practices of their employees, unless doing so will be an undue hardship on the employer.  (State and local government employers must adhere to these rules regardless of their number of employees.) Unless the employer can demonstrate that doing so will cause significant difficulty or expense, failing to grant a reasonable religious accommodation may be determined to be religious discrimination under Title VII. Title VII Read more
Simon Paschal September 28, 2017 , , , , 4624 0 Read more
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HR Lawyer Dallas

Sexual Harassment In your Company and How an HR Lawyer Can Help

Managing a business can be difficult, but hiring an HR lawyer to ensure your employees are working in a safe and successful environment can decrease your stress. Sexual harassment is a serious problem that can affect your business’ productivity, success, and the overall emotional health of your workplace. So, you and your employees need a comprehensive understanding of this common problem. Here are a few signs that sexual harassment is a problem in your workplace. Sexist Comments and Behavior Targeted To One Person If you hear an employee making lewd comments to another employee, that is a common sign of Read more
seocontent August 15, 2016 , , , 1528 0 Read more
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New EEOC Guidance on Retaliation

We posted a few days ago about the EEOC’s new guidance on Position Statements.  Well, the EEOC has been busy because they also have proposed new enforcement guidance regarding retaliation claims and charges.  From January 21, 2016 through February 24, 2016, the EEOC accepted input regarding its draft proposed enforcement guidance on retaliation claims.  The EEOC believes the updated enforcement guidance is necessary since nearly 43% of all private sector charges filed in 2014 included retaliation claims.  While the enforcement guidance is not binding law, employers should be aware of it since it is used by the agency in investigations Read more
Simon Paschal March 15, 2016 , , , , , , , , , , , , 3172 1 Read more
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EEOC Position Statements

In order to assist employers in drafting EEOC position statements, we recently released a video on our YouTube page outlining tips for crafting EEOC position statements.  As a follow up to that video, we want to highlight the EEOC’s recent updated information and guidance regarding employer position statements.  A position statement is the employer’s response to an employee’s or ex-employee’s Charge of Discrimination.  In most instances, after an employee or ex-employee files a Charge of Discrimination with the EEOC, the EEOC contacts the employer to request a position statement.  While many employers will utilize the services of a lawyer to draft the Read more
Simon Paschal March 10, 2016 , , , , , , , , , , 4243 0 Read more
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Workplace Harassment Dallas TX

Workplace Harassment Dallas TX: 4 Tips to Handle Employee Claims

As a business owner, you can avoid lengthy and costly litigation for workplace harassment Dallas TX by instituting zero tolerance company rules. Bullying, sexual harassment and discrimination complaints filed by employees take up time and resources you can better spend on running your business. Train supervisors, hiring managers and others in proper office procedures to avoid the situations that lead to harassment. Workplace Harassment Dallas TX: Post Clear Rules and Procedures Schedule mandatory training sessions for supervisors and employees to teach them what constitutes sexual harassment, race harassment, retaliation and other types of harassment. Through films, discussions and handouts, make Read more
oskyadmin February 29, 2016 1684 0 Read more
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